KENYA: Catholic Bishops in Kenya Urge Government to “Engage Actively” in 2021 UN Treaty Binding Negotiations

 Sr. Jecinter Antoinette Okoth, FSSA

Following the ongoing deliberations on the United Nations (UN) third revised draft legally binding instrument on business and human rights in Geneva, Switzerland, the Kenya Conference of Catholic Bishops (KCCB) through Parliamentary Liaison Desk has appealed to government to actively engage in negotiations “for the common good that will enhance accountability of Transnational Companies.”

The 7th session of the UN Binding Treaty that has been ongoing from October 25 to 29, “seeks to regulate in international human rights law, the activities of Transnational Corporations (TNCs) and other business enterprises.”

“We call on the Government of Kenya to engage actively in the 2021 UN Binding Treaty negotiations,” reads an excerpt of the KCCB’s statement shared with AMECEA Online Sunday, October 24, ahead of the conference.

They added, “We reiterate our commitment to the UN Binding Treaty on Business and Human rights and urge the Kenyan Government to fully support the third revised draft in order to protect the future generation from Corporate impunity and Environmental degradation.”

The Catholic bishops in their statement signed by the KCCB Chairman for Commission for the Promotion of Integral Human Development (PIHD) Bishop John Oballa Owaa have further called on Legislators to “Consider developing Kenya domestic legislation to hold corporations accountable for human rights and environmental abuses.”

According to the bishops through Parliamentary Liaison’s Desk, even though corporations can spur economic growth of the Nation by creating jobs and generating more revenues from taxes, “Experience from Africa and the globe shows that the same companies can cause great harm to environment and engage in human right abuses.”

Additionally the statement reads, “The existence of International legal gap together with Transnational corporations complex structure and operations across multiple jurisdictions has led to increase in human right abuses such as land grubbing, forced displacement, inadequate compensation, tax evasions, child labour, human trafficking and environmental degradation.”

In this way KCCB members continued, “It is important to note that the impact of the violations affect the poor who are already suffering from Covid-19 economic effects” and “The Church as conscience of society driven by the principle of preferential treatment for the poor and the common good will always stand and speak for the voiceless in the Society.”

Other than urging for active participation of the government in the 2021 UN Treaty negotiations, the conference that has participated keenly for the past three years in Domestic and International lobbing towards enactment of legally binding instrument on Business and Human Rights through Parliamentary Liaison Desk has “recommend that the Treaty should consider the gender aspect of corporate violations and also speak to the role of Financiers.”

Focusing on environmental issues which was an agenda in the ongoing four-day meeting, the bishops disclosed that “The church as a social institution and its adherents in their individual capacity as members of the society, have a social and moral responsibility to be involved in environmental conservation,” and caring for natural resources is a “measure of its stewardship and respect to the Creator.”

Reverencing Pope Francis’ reminder on care for creation they said, “Our Earth needs constant concern and attention; each of us has a personal responsibility to care for creation, this precious gift which God has entrusted to us,” hence “the reasons why the Catholic Church in Kenya has been actively involved in United Nations Binding Treaty considering environmental impact of Transnational Companies.”

“We call upon Kenyans and people of good will to always remember that they have the right to say no whenever their human rights and Healthy Environment is abused by Transnational Companies,” They said.

In conclusion they asked participants in the deliberations a productive session towards the adoption of the UN Biding Treating and urged Legislators to become members of the Global Inter Parliamentary Network that supports the Treaty process by signing the declaration at www.bindingtreaty.org.